MARION v. STATE

No. 37297.

387 S.W.2d 56 (1964)

James Lee MARION, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 3, 1965.

Second Motion for Rehearing Denied March 10, 1965.


Attorney(s) appearing for the Case

Carl Steckelberg, Garland Casebier, Midland, for appellant.

Joseph H. Mims, Dist. Atty., Midland, Alton R. Griffin, Dist. Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is murder; the punishment, death.

The Turner house in Midland occupied an entire city block. Mr. Turner was away and his wife was at home alone. At approximately 4:12 a. m. on October 29, three of the Turners' neighbors heard screams somewhere in that neighborhood. Neighbor Galley notified the police and within four minutes patrols reached the area. They cruised throughout this vicinity until daylight, but were unable to discover...

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